Alesia M. Ardoin, former Supervising Attorney for Campaign Finance at the Louisiana Board of Ethics, joins Sternberg, Naccari & White in Baton Rouge.

The Foundation: What Is Authority in a Real Estate Sale? When a Louisiana property changes hands, most buyers and sellers focus on price, inspections, and closing costs. But one of the most critical—and overlooked—questions in any real estate transaction is deceptively simple: Does the person signing the deed actually have the legal authority to sell? Authority in real estate transactions refers to the legal power a person has to act on behalf of another party—whether that party is an individual, a business entity, or an estate. In Louisiana, understanding how authority is established, documented, and verified is essential for any buyer, seller, or real estate professional involved in a transaction. How Authority Is Established for Sales Involving Corporations, LLCs, Powers of Attorney, and Trusts. Authority can take many forms depending on who owns the property. When the seller is a corporation, authority typically flows from the entity's articles of incorporation, bylaws, and a corporate resolution authorizing the sale—meaning someone must verify that the signing officer has been specifically empowered to execute the transaction. For a Louisiana LLC, the operating agreement governs who can act on the company's behalf; in a member-managed LLC, all members may need to sign, while a manager-managed LLC grants authority to the designated manager. When a property owner is incapacitated or otherwise unavailable, a power of attorney (POA) may authorize another person—called the agent or attorney-in-fact—to sign on their behalf. Louisiana law requires that a POA used in a real estate sale be in authentic form a/k/a an authentic act (executed before a notary and two witnesses) or via an act under private signature duly acknowledged (signed not before a notary but attested to signature in front of notary and two witnesses.) Trustees acting on behalf of a trust must have authority under the trust instrument, and succession representatives must obtain proper court authority before conveying estate property. The Consequences of an Unauthorized Sale in Louisiana. The consequences of an unauthorized sale in Louisiana can be severe. Under Louisiana Civil Code Article 2021 and related provisions, a contract made without proper authority is generally null and unenforceable - meaning the purported buyer may receive no valid title at all. Even if the sale is recorded in the public records, a title defect from lack of authority can surface years later, potentially exposing the buyer, their lender, and subsequent owners to costly litigation. This is why Louisiana title attorneys and title insurance companies carefully examine corporate resolutions, LLC operating agreements, certified copies of powers of attorney, and court orders before allowing a closing to proceed. If you are purchasing property in Louisiana - or selling on behalf of an entity or another individual - working with an experienced real estate attorney to verify proper authority is not just advisable, it is essential to protecting your investment and ensuring a clean, marketable title. To learn more or to schedule a consultation, contact Joseph R. Marriott at joseph@snw.law or by telephone at (504)324-1886.

Quieting Title After a Tax Sale for Rural Land in Lafayette and Acadiana Purchasing rural land at a Louisiana tax sale can be a smart investment, but many buyers are surprised to learn that they do not immediately receive full ownership. Instead, a purchaser receives tax sale title, which is subject to redemption rights and potential legal challenges. Whether you purchased timberland, hunting property, farmland, inherited acreage, vacant land, or rural property, quieting title is often necessary before the property can be sold, financed, insured, or developed.  In most Louisiana tax sales, the former owner has a three-year redemption period from the recording of the tax sale certificate to reclaim the property. After that period expires, the tax sale purchaser may file a lawsuit to quiet title or confirm ownership. In many cases, Louisiana law requires a six-month waiting period after filing suit before title can be confirmed. However, if five years have passed since the tax sale certificate was recorded, purchasers may often pursue a faster process requiring only ten days’ notice before obtaining confirmation of title. Quiet title actions are particularly common for rural land in Lafayette and Acadiana, where properties may involve succession issues, deceased owners, missing heirs, inherited family land, hunting camps, agricultural acreage, or timber tracts. Our firm assists investors, landowners, and developers throughout Lafayette Parish, Vermilion Parish, Iberia Parish, Acadia Parish, St. Martin Parish, St. Landry Parish, Evangeline Parish, and St. Mary Parish, including Lafayette, Youngsville, Broussard, Scott, Carencro, Breaux Bridge, New Iberia, Abbeville, Kaplan, Opelousas, Crowley, Eunice, Ville Platte, and surrounding Acadiana communities. If you purchased rural property at a tax sale and need help obtaining marketable, insurable title, Sternberg, Naccari & White, LLC can help guide you through the Louisiana quiet title process. To learn more, receive a quote, or to schedule a free consultation regarding tax sales or real estate law, contact Johnston at (504) 324-2141 or johnston@snw.law .

Quieting Title After a Tax Sale for Rural Land in Lafayette and Acadiana Purchasing rural land at a Louisiana tax sale can be a smart investment, but many buyers are surprised to learn that they do not immediately receive full ownership. Instead, a purchaser receives tax sale title, which is subject to redemption rights and potential legal challenges. Whether you purchased timberland, hunting property, farmland, inherited acreage, vacant land, or rural property, quieting title is often necessary before the property can be sold, financed, insured, or developed.  In most Louisiana tax sales, the former owner has a three-year redemption period from the recording of the tax sale certificate to reclaim the property. After that period expires, the tax sale purchaser may file a lawsuit to quiet title or confirm ownership. In many cases, Louisiana law requires a six-month waiting period after filing suit before title can be confirmed. However, if five years have passed since the tax sale certificate was recorded, purchasers may often pursue a faster process requiring only ten days’ notice before obtaining confirmation of title. Quiet title actions are particularly common for rural land in Lafayette and Acadiana, where properties may involve succession issues, deceased owners, missing heirs, inherited family land, hunting camps, agricultural acreage, or timber tracts. Our firm assists investors, landowners, and developers throughout Lafayette Parish, Vermilion Parish, Iberia Parish, Acadia Parish, St. Martin Parish, St. Landry Parish, Evangeline Parish, and St. Mary Parish, including Lafayette, Youngsville, Broussard, Scott, Carencro, Breaux Bridge, New Iberia, Abbeville, Kaplan, Opelousas, Crowley, Eunice, Ville Platte, and surrounding Acadiana communities. If you purchased rural property at a tax sale and need help obtaining marketable, insurable title, Sternberg, Naccari & White, LLC can help guide you through the Louisiana quiet title process. To learn more, receive a quote, or to schedule a free consultation regarding tax sales or real estate law, contact Johnston at (504) 324-2141 or johnston@snw.law .

Louisiana Foreclosures and Executory Process: What Private Lenders Need to Know When a borrower defaults on a mortgage or promissory note, Louisiana law provides lenders with an efficient foreclosure procedure known as executory process. Unlike ordinary litigation, executory process allows a lender to foreclose on mortgaged property without first obtaining a judgment after a lengthy lawsuit, making it a faster and more effective remedy available to secured creditors.  In simple terms, executory process is Louisiana’s streamlined foreclosure procedure that permits a lender to seize and sell mortgaged property when the loan documents contain a confession of judgment and the borrower has defaulted. After filing a petition with supporting mortgage and loan documents, the court may issue an order directing the sheriff to seize the property and proceed toward judicial sale, often by sheriff’s auction. Depending on the circumstances, lenders may pursue foreclosure with or without appraisal, and the process can apply to residential property, commercial real estate, vacant land, investment property, and development projects. At Sternberg, Naccari & White, LLC, we regularly represent private lenders, investors, hard money lenders, businesses, and individuals in foreclosure matters throughout Louisiana. Our attorneys handle executory process and foreclosure proceedings across the state, including in New Orleans, Metairie, Baton Rouge, Lafayette, Slidell, Covington, Hammond, and surrounding communities across South LA. Whether you are a private lender dealing with loan default, missed payments, collateral issues, or distressed real estate, understanding your foreclosure rights early can help protect your investment and maximize recovery. To learn more, receive a quote, or to schedule a free consultation regarding foreclosures or real estate law, contact Johnston at (504) 324-2141 or johnston@snw.law .

Who Is Eligible to Petition for a Protective Order in Louisiana? Protective orders and petitions for protection from abuse (commonly referred to as “restraining orders”) are important legal tools available to individuals facing violence, threats, stalking, or harassment in Louisiana. Many people assume protective orders are only available to married couples or victims of physical violence, but Louisiana law protects a much broader group of people. If you are experiencing abuse, threatening behavior, or repeated unwanted contact, you may be eligible to seek court protection through a protective order, temporary restraining order (TRO), or Louisiana Protective Order Registry (LPOR) filing.  In Louisiana, protective orders may be available for current or former spouses, former dating partners, parents who share a child together, household members, family members, or individuals experiencing stalking or harassment. Courts in Orleans Parish, Jefferson Parish, and throughout South Louisiana frequently issue protective orders involving former romantic partners, co-parents, domestic violence situations, stalking, and threatening conduct. Even where there is no physical violence, repeated unwanted communication intended to threaten, intimidate, or harass someone may support relief under Louisiana’s stalking and protective order laws. Protective orders are civil remedies designed to protect individuals from conduct that may also constitute criminal behavior. Depending on the circumstances, a court may issue a temporary restraining order or temporary protective order while the case is pending and later enter a longer-term protective order after a hearing. Relief can include no-contact orders, stay-away provisions, removal from a shared residence, temporary custody provisions, firearm restrictions, and other protective measures. At Sternberg, Naccari & White, LLC, we represent clients seeking and defending protective orders in New Orleans, Metairie, Jefferson Parish, Orleans Parish, St. Bernard Parish, St. Tammany Parish, and throughout South Louisiana. Because courts have little tolerance for frivolous or unsupported protective order filings, it is important to present strong evidence and carefully evaluate whether legal grounds exist before filing. To learn more or to schedule a free consultation regarding protective orders and restraining orders, contact Johnston at (504) 324-2141 or johnston@snw.law .

What Kind of Behavior Warrants a Protective Order or Temporary Restraining Order in Louisiana? Many people wonder whether a situation is serious enough to justify filing for a protective order from abuse, harassment, or stalking (AKA a “restraining order”), or temporary restraining order in Louisiana. While physical violence is a most common reasons people seek court protection, Louisiana law also protects individuals facing threats, stalking, harassment, intimidation, and repeated unwanted contact.  A protective order may be appropriate when someone experiences physical abuse, threats of violence, domestic abuse, intimidation, stalking, or harassment from a former dating partner, spouse, co-parent, family member, household member, or another qualifying person. In Louisiana, stalking and harassment often involve repeated, unwanted communications or behavior intended to threaten, intimidate, alarm, or harass another person. This may include repeated texts, calls, social media messages, showing up unexpectedly at someone’s home or workplace, surveillance, threats, or other conduct causing fear for personal safety. Courts in New Orleans, Jefferson Parish, Orleans Parish, and throughout South Louisiana take allegations of domestic violence, stalking, and harassment seriously. In appropriate cases, courts may issue a temporary restraining order or temporary protective order quickly to prevent further harm while the matter is pending. However, Louisiana courts also have very low tolerance for frivolous or retaliatory protective order filings, particularly in contentious family law or custody disputes. Judges frequently scrutinize unsupported allegations and expect evidence supporting the requested relief. Protective orders are civil remedies designed to prevent criminal behavior before it escalates. If you believe you may qualify for a protective order—or if one has been filed against you—consulting with an attorney early can help protect your rights and ensure the court receives the full context of the situation. To learn more or to schedule a free consultation regarding protective orders and restraining orders, contact Johnston at (504) 324-2141 or johnston@snw.law .